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In February 2006,the Japanese Sankyo Co.,Ltd,(the patentee) brought an action in the court against the Beijing Wansheng Drug Industry Co.,Ltd(the defendant)on the ground that the defendant had used its patented process in the course of ap- plication for registration of a new drug, requesting the defendant to cease its infringement and compensate for the damages.In December 2006,the Beijing No.2 Intermediate People's Court ruled,upon hearing the case, that use of another person's patent for the purpose of regulatory approval of a new drug without the authorization of the patentee did not constitute an in- fringement.This ruling represents the
In February 2006, the Japanese Sankyo Co., Ltd, (the patentee) brought an action in the court against the Beijing Wansheng Drug Industry Co., Ltd (the defendant) on the ground that the defendant had used its patented process in the course of ap-plication for registration of a new drug, requesting the defendant to cease its infringement and compensate for the damage. In December 2006, the Beijing No.2 Intermediate People's Court ruled, upon hearing the case, that use of another person's patent for the purpose of regulatory approval of a new drug without the authorization of the patentee did not constitute an in- fringement. This ruling represents the